Level 1 of 6Core
Medico-legal principles in acute care
The core to-do list — diagnose and manage, at a glance
Diagnose— recognise it
- Presume capacity in every adult until there is evidence otherwise — it is decision-specific, time-specific and task-oriented. Apply the two-stage functional test and document both stages: stage 1, a demonstrable impairment of the mind or brain (delirium, dementia, head injury, intoxication, hypoxaemia, hypoglycaemia, sepsis, acute psychosis, severe pain); stage 2, because of it the patient cannot understand, retain, use or weigh, or communicate — failure of any one suffices, and both stages must be positive for incapacity.
- Measure the reversible physiological drivers before you judge: capillary glucose below 4 mmol/L, SpO2 below 92%, hypercapnia, temperature above 38.5 °C or below 35 °C — correct them and reassess, because capacity assessed during hypoglycaemia is invalid.
- Red flags that mean a decision cannot be taken at face value: refusal of clearly life-saving treatment; intoxication; fluctuating conscious level, GCS below 15, agitation or inattention; head injury with any altered consciousness (a lucid interval — CT head is a mandatory consideration in any intoxicated patient with head injury before a refusal is accepted); and an accompanying adult who answers for the patient — interview the patient alone.Not available at your setup — CT scan.
- Never use a cognitive screen alone: MMSE and MoCA correlate poorly with decision-specific capacity; a positive delirium screen (4AT, CAM) satisfies stage 1 only — stage 2 must still be tested; toxicology shows exposure, not impairment, and a patient with a high alcohol level may retain capacity. Aphasia, deafness, absent shared language and intubation are a blocked channel, not a blocked mind.
- Recognise the presentations that are medico-legal from arrival: assault, injury the patient will not explain, road traffic collision, workplace injury, poisoning and all self-harm, burns, drowning, hanging, alleged sexual assault, police custody, suspected child or elder abuse or domestic violence, every death, any patient leaving against advice, any unidentified patient. Safeguarding pointers: injury inconsistent with the mechanism, a changing history, delayed presentation, injuries of different ages, bruising in a child not independently mobile.
- In a child, verify who holds parental responsibility — it is not automatically whoever brought the child — and assess competence by function, not age (the Gillick principle); in the UK a child of 16 is treated as an adult for consent purposes.
Manage now— do this, in order
- Resuscitate first: no form, relative or third party precedes airway, breathing and circulation — treatment delayed while a form was sought is the commonest avoidable medico-legal disaster in acute care.
- Optimise before you judge: correct hypoglycaemia (adults 100–200 mL of 10% glucose IV, or glucagon 1 mg IM if no access; children 2 mL/kg of 10% glucose IV); give oxygen to a target saturation; treat pain (paracetamol 1 g PO/IV 6-hourly, maximum 4 g/24 h in adults ≥50 kg, 15 mg/kg per dose in children to 60 mg/kg/24 h; morphine 1–2 mg IV titrated every 5 minutes in adults, 0.05–0.1 mg/kg IV in children); return hearing aids, glasses and dentures; use a professional interpreter, not a relative, for any serious decision.Doctor / Nurse
- Treat without consent in an emergency where the patient cannot consent (unconscious, seizing, shocked, delirious or intoxicated to incoherence) and delay while surrogates are contacted would jeopardise life or health; record why the patient could not consent, the harm delay would have caused, and that no valid advance refusal was known.
- Where capacity is absent, work through a fixed sequence: (1) can the decision safely wait — postpone if the impairment is fluctuating or reversible; (2) is there a valid and applicable advance decision (refusal of life-sustaining treatment must be written, witnessed, and state it applies even where life is at risk; any ambiguity — the presumption is to save life); (3) is there a lawfully appointed proxy — follow their decision; (4) otherwise act in best interests, asking those close to the patient what the patient valued, feared and previously said.
- Handle refusal and departure against advice properly: address reversible reasons first (pain, nicotine withdrawal, dependants, cost, fear), assess and record capacity for that specific decision, explain the risk in concrete terms, offer the best available compromise with written safety-netting and an explicit welcome to return. If the patient declines to sign a refusal form, record that it was offered and declined and who witnessed. A patient who lacks capacity cannot self-discharge.
- Before any sedative, exclude the medical causes of agitation (hypoglycaemia, hypoxaemia, head injury, sepsis, withdrawal, poisoning, hyperthermia, retention, pain), check capillary glucose and SpO2, and have oxygen, suction, a bag–valve–mask and a benzodiazepine antagonist to hand; monitor SpO2, respiratory rate, pulse and BP continuously until rousable and stable, with an ECG when practicable as antipsychotics prolong the QT. Physical restraint never to the neck, chest or abdomen, never prone.Doctor / Nurse
- Reverse what you cause: acute dystonia — procyclidine 5–10 mg IM/IV; benzodiazepine respiratory depression — support ventilation first, then flumazenil 200 micrograms IV over 15 seconds followed by 100 micrograms at 60-second intervals to a usual maximum of 1 mg (reserved for significant compromise, avoided where seizures or tricyclic co-ingestion are likely); opioid respiratory depression — naloxone 100–400 micrograms IV titrated in adults, 10 micrograms/kg IV in children.Doctor / Nurse
- Write the note at the bedside with a time on it: date, 24-hour time, full name, signature and designation; facts and reasoning, not conclusions ("states he was struck on the head with a stick", not "assault"), the patient's own words in quotation marks, and relevant negatives. Describe injuries by site, size in centimetres, shape, edges, colour and depth on a body diagram — no opinions on weapon, direction, sequence or age. Correct an error with a single line, the correction beside it, timed, dated and signed; never alter a record.
- Confirm death personally and refer, do not certify, where the death may be unnatural: no response to voice or pain, no central pulse and no heart sounds over a sustained period, no respiratory effort, fixed unreactive pupils — an asystolic trace supports but does not replace examination. Deaths following injury, poisoning, burns, drowning, hanging, alleged assault, in custody, during or shortly after a procedure, or of unknown cause are referred. When something goes wrong, disclose: explain, apologise, remedy and report — an apology is an expression of regret, not an admission of negligence.
| Rapid tranquillisation | Adult | Elderly / frail |
|---|---|---|
| Lorazepam | 1–2 mg IM/slow IV, repeat once after 30–45 min, max 4 mg/24 h | 0.5–1 mg, max 2 mg/24 h |
| Haloperidol | 2.5–5 mg IM, repeat after 30–60 min, max 12 mg/24 h | 0.5–2 mg IM |
| Midazolam | 2.5–5 mg IM titrated | 1–2.5 mg IM |
| Promethazine | 25–50 mg IM | 25 mg IM |
Refer / escalate
Escalate early and record it — a timed request for senior, psychiatric or ethics input with what was asked and what was advised is both the best clinical decision and the strongest protection; where disagreement about a patient lacking capacity cannot be resolved, use clinical ethics consultation, a second opinion and psychiatric assessment, and where conflict remains, consult a court — judges are available even in emergencies in the UK.
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